산업안전보건법위반등
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
B Around March 2015, a corporation was awarded a contract for “C” construction ordered by the original State Land Management Agency of the Ministry of Land, Infrastructure and Transport. D, around March 2017, was awarded a contract for the said construction from Company B to perform the said construction work. The Defendant is the representative director of Company D, and the head of the entire site of the said construction from around December 2017, who was in charge of overall safety and health management of its employees.
When an employee engages in work at a place at a risk of falling down at work, the employer has a duty of care to take measures necessary to prevent falling risk, such as assembling a vision, allowing the employee to wear a safety cap, etc.
Nevertheless, at around 16:50 on January 8, 2018, the Defendant died of the victim G (the 56-year-old) who is an employee belonging to the EF in the instant “C construction site,” located near the EF located in Chuncheon-si, Chuncheon-si, where the victim G (the 56-year-old employee) was on the A-type bridge at a height of about 3 meters and did not install a work launch plate, and did not have the victim wear safety caps, etc., on the ground that the victim fells into the floor during the work and was receiving medical treatment at the H Hospital, and died of the victim’s death due to the injury to the two external wounds on the same day.
Accordingly, the Defendant caused the death of the victim by occupational negligence as seen above, and at the same time, did not take necessary measures to prevent the danger at a place where the worker might fall during the work, thereby causing the death of the worker.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to the prosecution of I;
1. A death certificate;
1. Application of Acts and subordinate statutes to investigation reports (a copy of case records against I and J);
1. Articles 6-2 and 23 of the former Occupational Safety and Health Act (amended by Act No. 16272, Jan. 15, 2019) regarding criminal facts.